8. Moreover, unless the legislature explicitly provides that the
amendment is retrospective in nature, it will be considered
prospective. The aforesaid view has been taken by the Apex Court in
the case of CIT v. Vatika Township (P) Ltd. reported in (2015) 1
SCC 1 wherein the Court discussed the proviso to Section 113 of the
Income Tax Act, 1961 and held that it was prospective and not
retrospective. While deciding the case, the Constitution Bench laid
down certain general principles which have been reproduced as
under:
9. Similarly, the Apex Court in Hitendra Vishnu Thakur vs State of
Maharashtra reported in 1994 (4) SCC 602, the court has culled
out the ambit and scope of an amending Act and its retrospective
operation and has held the following:
14. In order to condone the delay, the Appellant has to satisfy this
Commission that there was sufficient cause for preferring the appeal
after the stipulated period. The term 'sufficient cause' has been
explained by the Apex Court in Basawaraj and Ors. vs. The Spl.
Land Acquisition Officer reported in AIR 2014 SC 746. The
relevant paras of the aforesaid judgment are reproduced as under:-